Schwartz v. De Wit
Schwartz v. De Wit
1 Cal. Unrep. 40
Schwartz v. De Wit
Opinion of the Court
— The plaintiff was entitled to judgment against- the defendant, who failed to answer, and this makes the nonsuit erroneous. The court below was certainly right in correcting this error by setting aside the nonsuit and ordering a new trial. In another trial the plaintiff may obtain in the district court that which he seeks, and therefore this appeal is not properly taken.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.